302 P.3d 495
Utah Ct. App.2013Background
- RW.K. (Father) appeals a September 27, 2012 order terminating his parental rights; this court affirms.
- The juvenile court found grounds to terminate under Utah Code §78A-6-507 based on neglect and Father’s history of substance abuse.
- Father argues recent rehabilitative efforts negate termination grounds.
- Court reviews sufficiency of evidence for termination under the clear-weight-of-the-evidence standard and gives deference to the juvenile court’s factual findings.
- Court also addresses Rule 55/58 briefing issue and holds appellate review may proceed with limited briefing while independently reviewing the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds under §78A-6-507 | Father asserts insufficient grounds given recent cures | Mother argues substantial evidence supports neglect | Sufficient grounds shown for termination |
| Neglect proven by substance abuse history | Past conduct shows neglect despite progress | Recent progress undermines neglect finding | Record supports neglect finding under §78A-6-508(2) |
| Appellate briefing procedures constitutional challenge | Rule 55/58 deny meaningful review | Supreme Court allows limited briefing and independent record review | Constitutionally permissible to proceed with limited briefing and independent review |
| Best interests consideration | Not disputed | Record supports best interests finding | Termination in the children’s best interests as supported by the record |
Key Cases Cited
- In re B.R., 2007 UT 82 (Utah (2007)) (requires clear weight of evidence review and deference to factual findings)
- In re L.M., 2001 UT App 314 (Utah App. 2001) (judicial discretion in credibility and factual determination)
- In re E.R., 2001 UT App 66 (Utah App. 2001) (clearly erroneous standard for findings of fact)
- In re B.A.P., 2006 UT 68 (Utah (2006)) (appellate review of record with independent examination)